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2019-007 20190266 Jam Roofing
GOODS & SERVICES AGREEMENT i PROVIDER: JAM Roofing CITY OF PROVIDER'S CONTACT: Michael Cawood ASHLAND 20 East Main Street ADDRESS: 920 Chevy Way Ashland, Oregon 97520 Medford, OR 97504 Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: 541-773-7663 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and JAM Roofing, an assumed business name ("hereinafter "Provider"), for replacement of roof on the Community Development building. 1. PROVIDER'S OBLIGATIONS 1.1 Provide replacement of roof on the Community Development building as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The goods and services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page 1 of 5: Agreement between the City of Ashland and JAM Roofing 1.3 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. As evidence of the insurance required by this Agreement, the Provider shall furnish an acceptable insurance certificate prior to commencing any Work under this Agreement. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.I 10. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of $66,615.00 as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of $66,615.00 without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance, paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. Page 2 of 5: Agreement between the City of Ashland and JAM Roofing 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 27913.220, 27913.230 and 27913.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The City's written Invitation to Bid dated 07/31/2018. • The Provider's complete written Proposal dated 08/27/2018. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5. 1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term Page 3 of 5: Agreement between the City of Ashland and JAM Roofing This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until 12/31/2018, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other parry by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland - Public Works Department Attn: Kaylea Kathol 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 488-5587 With a copy to: City of Ashland - Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5350 If to Provider: JAM Roofing Attn: Michael Cawood 920 Chevy Way Medford, OR 97504 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision, term, condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach, whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; Page 4 of 5: Agreement between the City of Ashland and JAM Roofing (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: JAM ROOFING (PROVIDER): By: k lq4~~ By: City Administra gnature ~44 X. ~Q ng 27k rS rinted Name Printed Name r pre05 D to Title 3© .1 G~ Date Purchase Order No. J- e~/ (ML-_9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: Assistant City Attorney Date Page 5 of 5: Agreement between the City of Ashland and JAM Roofing • SUPPORTING DOCUMENTS ccristmX"M • MEMBER . OAW-4• LA&r-d/r7#x=:f W7 6)'NTPC: .S'Y:~TFMB ROOFING PROPOSAL 920 Chevy Way - Medford, Oregon 97504 541.773.7663 / FAX 866.466.5526 JAM Construction is currently actively licensed with CCB # 114864 AUGUST 27, 2018 PROPOSAL SUBMITTED TO: JOB LOCATION: City of Ashland Community Development Re-Roof Project Dept. of community Development Community Development Building 20 E. Main St. 51 Winburn Way Ashland, OR 97520 Ashland, OR 97520 PER PLANS AND SPECIFICATIONS: ♦ Remove and dispose of existing membrane roof system down to existing insulation ♦ Remove cap flashing to be reused if up to code and specifications Provide and install '164" dens mechanically attached to parapet walls ♦ Provide and install Carlisl 0 m' PVC roof membrane mechanically attached in the field and fully adhered to parap ♦ Provide and install all required PVC roof accessories to complete a watertight application of PVC roof system ♦ Reinstall cap metal ♦ 20-Year Carlisle NDL Membrane Warranty ♦ 10-Year Workmanship Warranty WE PROPOSE: Complete in accordance with above specifications for the sum of: $49,995.00 NOTE: Addendums: #1- Aug. 8, 2018, #2 - Aug. 21, 2018 ALT #1: Provide and install additional 2" Polyiso Insulation Add $16,620.00 JAM Roofing will comply with Bureau of Labor and Industries Prevailing Wage Laws ORS 279c.800 et seq. AUTHORIZED SIGNATURE: DATE: ~a7 • D MCMMI ) A`C?R ® CERTIFICATE OF LIABILITY INSURANCE 0 DA9/07/2018 2018 09/07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Thomas R Kaldunaki Hart Insurance Agency - Medford PHONE FAX PO Box 1240 (591) 779-4232 WC. No. Path INC, No), E-MAIL Grants Pass OR 97528 ADDRESS: INSURERS AFFORDING COVERAGE NAICp INSURERA: Cincinnati Specialty Underwriter 13037 INSURED (541) 601-1221 INSURER B: SAIF Corporation 36196 SAM Construction Inc INSURER C 682 Mountain View Drive INSURERD: Medford OR 97504 INSURE: INSUR::1 : COVERAGES CERTIFICATE NUMBER:Cert ID 8692 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE lum SUD POLICYNUMBER MWDD//YEYYY MM/OD1YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS.MADE Fx-]OCCUR Y CS00038810 05/01/2018 05/01/2019 PREMISES Ea cmurr nce S 100,000 MED EXP(Anyone person) $ excluded PERSONALS ADV INJURY $ 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY PROJECT- F] LOC PRODUCTS -COMP/OPAGG S 2,000,000 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S Ea mzJdent ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Par accident) $ AUTOS ONLY AUTOS HIRED NON -OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Peraccident 8 B X UMBRELLA LIAS X OCCUR CSU0120466 09/06/2018 05/01/2019 EACHOCCURRENCE $ 1,000,000 EXCESS DAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED X RETENTIONS 10,000 $ B AND WORKERS EMPLOYERS' COMPENSATION LIABILITY YIN 974161 10/01/2018 10/01/2019 X STATUTE FORH ANYPROPRIETCR/PARTNER/EXECUTWE ❑ NIA 974161 10/01/201710/01/2018 E.L. EACH ACCIDENT $ 500,000 OFFICER/MEMBEREXCLUDED7 (Mandatory In NH) E.L. DISEASE-EA EMPLOYEE $ 500,000 Use, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 500,000 8 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) certificate holder is additional insured per attached fors CSGA4035 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland Public Works Dept. 20 8 Main Street A,UTHHOOdR,UMD/RRE,PPRREESSEEENNTAATIVE Ashland OR 97520 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 POLICY NUMBER:CS00038810 COMMERCIAL GENERAL LIABILITY CSGA 4035 06 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -YOUR OPERATIONS (LIMITED) This endorsement modifies insurance provided under the following: COMMERICAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s): City of Ashland A. SECTION II - WHO IS AN INSURED is The limits applicable to the additional insured amended to include as an additional insured are those specified in any written contract or the person(s) or organization(s) shown in the agreement or in the Dedarations of this Cov- Schedule, but only to the extent that the liabil- erage Part, whichever is less. If no limits are ity for "bodily iriury, "property damage" or specified in a written contract or agreement, "personal and advertising injury" is caused the limits applicable to the additional insured only by your negligent ads, errors or omis- are those specified in the Declarations of this sions in the performance of ongoing opera- Coverage Part. The limits of insurance are in- tions for additional insured shown in the sche- clusive of and not in addition to the limits of in- dule. surance shown in the Declarations. B. With respect to the insurance afforded to D. With respect to the insurance afforded to these additional insureds, the following addi- these additional insureds, SECTION IV - tional exclusions apply: COMMERCIAL GENERAL LIABILITY CON- DITIONS, 4. Other Insurance is amended to This insurance does not apply to: include: 1. "Bodily injury", "property damage" or "per- Any coverage provided herein will be excess sonal and advertising injury" to any em- over any other valid and collectible insurance ployee of you or to any obligation of the available to the additional insured whether pri- additional insured to indemnity another mary, excess, contingent or on any other basis because of damages arising out of such unless you have agreed in a written contract or injury. written agreement executed prior to any loss 2. "Bodily injury", "property damage' or "per- that this insurance will be primary. This insur- sonal and advertising injury' forwhich the ance will be nonoontributory only if you have Named Insured is afforded no coverage so agreed in a written contract or written under this policy of insurance. agreement executed prior to any loss and this coverage is determined to be primary. C. With respect to the insurance afforded to these additional insureds, SECTION III - LIM- ITS OF INSURANCE is amended to include: I Includes copyrighted material of Insurance CSGA 4035 06 12 Services Office, Inc., with its permission. Page 1 of 1 ® DATE (MM/DD/YYYY) ACoRO CERTIFICATE OF LIABILITY INSURANCE 09/05/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Troy WOId RORY WOLD INSURANCE AGENCY INC PIA/C. Mo. HONE .541-773-1404 ac,No):541-779-6975 E-ML State Farm A DDRESS: 2019 AERO WAY STE 101 • MEDFORD OR 97504-9789 INSURER(S) AFFORDING COVERAGE NAIC# INSURERA:State Farm Mutual Automobile Insurance Company 25178 INSURED JAM CONSTRUCTION INC INSURER B: DBA JAM ROOFING INSURER C: 682 MOUNTAIN VIEW DR INSURER D: MEDFORD OR 97504-8903 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADULISUESKI POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DD MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE To RENTED CLAIMS-MADE F-1 OCCUR PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ JjE 7 F-] LOC PRODUCTS - COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY 340 0173-A05-37B 07105/2016 01/05/2019 COM EaBINED SINGLE LIMIT $ accident X ANY AUTO 339-9796-A05-37A 07/05/2016 01/05/2019 BODILY INJURY (Per person) $ 2,000,000 X ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ 2,000,000 AUTOS AUTOS 373-8050-F05-37A 06/0512018 12/05/2018 DAMAGE $ 2,000,000 x ! NON-OWNED PeOr accident) HIRED AUTOS AUTOS 316-1920-E09-37B 0510912018 11/09/2018 $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) CERTIFICATE HOLDER CANCELLATION CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PUBLIC WORKS DEPT. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E. MAIN ST. ACCORDANCE WITH THE POLICY PROVISIONS. ASHLAND, OR 97520 AUTHORIZED REPRESENTATIVE 'e 7 C © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 1001486 132849.9 02-04-2014 CITY OF ASHLAND - ENGINEERING DIVISION SUMMARY OF PROPOSALS Project: ComDev Roof Replacement Corrected Engineer's Estimate: Not Available, Project No.: 2018-27 No of Addendum: 2 Date of Bid Opening: August 27, 2018 at 2:00 PM 1 2 3 Name of Bidder & Bleser Built Roofing JAM Roofing Pressure Point Roofing Address PO Box 5294 920 Chevy Way 5235 Rainbow Dr. Central Point, OR 97502 Medford, OR 97504 Central Point, OR 97502 Base Bid $88,638 $49,995 $69,795 Requested Additive Bid $22,000 $16,620 $15,965 (insulation) Unsolicited Additive (1) $8,500 (compression metal) None $6,250 (compression flashing) Nos. of Addenda 0 of 2 2 of 2 0 of 2 Acknowledged* Completed & Signed Bid Form y y y Mandatory: Bidder Confirmed y y y Bid Based on Prevailing Wage? Remarks 1. Specified later timeline (ok) N/A 1. Specified later timeline (ok) 2. Specified thinner product than requested (50 mil vs. 60 mil) Responsive Bid? *Solicitation does not require bidders acknowledged addenda G:\pub-wrks\eng\2018 Project Yem\2018-27 ComDev Roof Replacement\Admin\Const. Pre Contract\02. Bids\ComDev Roof Replacement Bid Summary.docx . CITY OF Foie #2 ASHLAND INVITATION TO BID - TRADE SERVICES INTERMEDIATE PROCUREMENT Release date: July 31, 2018 Requested by (name/dept/telephone/fax/email): Jessica Bain, Public Works, 541-488-5347, 541-552-2421, iessica.bain(@,ashland.or.us Bids are due by (2:00 p.m. /Monday/Aug. 27th): Project name: Community Development Re-Roof Project Job site location (name/address): Community Development Building, 51 Winburn Way Ashland, OR 97520 Project completion required by (date): October 31, 2018 Preferred method of shipment for materials/equipment (if applicable): FOB Ashland - Freight Prepaid Bids may be faxed, emailed or hand delivered. Contractors shall submit bid on their company letterhead. Informal email bids and/or late bids will not be accepted. Terms or discounts which are conditioned upon payment within a certain time will not be considered for purposes of comparison of bids. The successful contractor will be required to enter into a contract with the City for the services and provide insurance certificates in their own name for General Liability, Automobile and Workers' Compensation. Workers' Compensation insurance is mandatory. Subcontracting will not be permitted. "OR EQUAL": Any brand name listed in the specifications as "or equal" or "or equivalent" shall establish the minimum requirements for quality, utility, durability, function, purpose, etc. Other product brands may be offered that are equal to or better than the product brand name. Bidder may show cost difference, alternates and options in the space provided in the quote. This clause is not meant to be restrictive, but to set the minimum standard. THE CITY SHALL DETERMINE, IN ITS SOLE DISCRETION, WHETHER A PRODUCT OFFERED IS "EQUAL." When the designation is "or equal" or "equivalent" City shall make its decision after Bid Closing. SCOPE OF SERVICES The City of Ashland is accepting bids for the removal and replacement of the existing TPO membrane roof for the Community Development Building. The roof is of an irregular shape and has an area of approximately 9600 square feet. The Community Development Building is located at 51 Winburn Way, Ashland Oregon. The project will consist of the following work requirements: 1. The removal of the existing roof system shall be coordinated with the installation of the new roof. 2. All existing materials shall be completely removed and legally disposed of. 3. Removal of the existing TPO roofing membrane, insulation, flashings and related trims on the Community Development Building. a. The current cap flashing should be examined to determine if the flashing can be reused. The flashing must be in good condition, meet all codes and manufactures specifications to be eligible for re-installation. 4. Installation of a Durol.ast PVC membrane system, along with any ISO board and slip sheet Form #2 -Intermediate Procurement, Invitation to Bid, Trade Services, Page 1 of 3, 9/1312018 I according to the membrane manufacturers specifications and any and all fire and building codes. The installation of the membrane roof will need to go up and over the parapet walls. a. Installation of all DuroLast accessories, terminations, and drain boots to manufactures specifications. 5. Contractor shall. At its own expense, at all times during the term of this agreement maintain in force: a. Work's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon worker's compensation coverage for all their subject workers. b. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. c. Automobile Liability insurance with a combined single limit, or equivalent, of not less than $1,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. 6. Contractor shall bid as prevailing wage job, according to the provisions of ORS 279C.800 to 279C.870, the Oregon Prevailing Wage law. a. "Prevailing Wage Rates for Public Works Contracts in Oregon" can be accessed at: http://www.oregon.gov/boli/WHD/PWR/Pages/pwr state.aspx. 7. The contractor will be responsible for acquiring any and all building permits and must call far building inspection if necessary for this project. 8. The work must be performed during regular business hours. If work is required outside of these hours prior notification and approval by the city is required. 9. The contractor shall be responsible for the disposal of all materials in a safe and legal manner. 10. The contractor shall provide any and all manuals and/or warranty information on any materials and labor related to this project to the City upon completion of the project. a. A one-year warranty on workmanship shall be provided upon completion of the project. 11. The contractor will be required to enter into a "goods and services" contract per form attached as exhibit B. The City can provide a small parking lot for staging of equipment, dumpsters and possible storage of materials. There will be terms and conditions for this area to be used for staging. Please see exhibit A for a map of the area. A non-mandatory pre-bid meeting will be scheduled for August 7`h starting at 2:00 p.m. in the Siskiyou Room located at 51 Winburn Way, Ashland OR. Jessica Bain 541-552-2421 Jessica.bain@ashland.or.us G:\pub-wrks\eng\2018 Project Year\2018-27 ComDev Roof Replacement\Admin\Const. Pre Contract\01. ITB\2018-27 edits 7.30 Invitation to bid - Trade Services _ Comm-Dev Re-Roof Project 2018.doc 2 All Pricing Must Be Held Firm For 30 Days Method of Award: ORS 279B.070Intermediate Procurements. (4) If a contract is awarded, the contracting agency shall award the contract to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and contractor responsibility under ORS 2798.110. G:\pub-wrks\eng\2018 Project Year\2018-27 ComDev Roof Replacement\Admin\Const. Pre Contract\01. ITB\2018-27 edits 7.30 Invitation to bid - Trade Services _ Comm-Dev Re-Roof Project 2018.doc 3 por es `(~a~Lea e /x/44-11oL ~ A5AI-Aie cL Mailing Address: Phone: (541) 601-7870 P.G. Box 5294 Licensed • Bonded • Insured Central Point, OR 97502 #75393 Email Address: ryanbleser(Photmail.com BLESER BUILT ROOFING INC. J14 4-E sSic.a- S41,4 PROPOSAL AND CONTRACT TO: ~l s X2 6 g _:-10 ~ U Name F! 1:~,//!-j'Li I C! Tu .7~e- Date Address 7_"~ ~4_n,?K ~"rr~Job Address "omm 10111-hi city 1+5! I rwN d, 6r'(-' 91 ~s z~ city Ae - o F PhonleI .5-211- ..3_Z- Z[yL! ' %69.3117 _57 Emalf ~a0 SS{ GR • GR/N re AS/t/ra/&I 6,e• ~(.S oD~Pt ~7 I propose to furnish all materials and perform all labor to Bfrl o r-2 J~/S o f'/e~z 6. a~ve sr N d /t 2 no 1 a /1l'c 7'12-1..5 e /,4 S G/,+-SS 1+ ~S~e e L ile aver ab S cG.f v4 boa FZ S~q aSt o f„ L o 7'c F UC r •f .ifs • - i ir-~ /yJ2 L l~itc iFS o u~F Zo ,S/vL lP 38 - iQ aOUR0 pL.AST Zo/ !uo-f pLfa6e~ 3/ Zo G /95- N~f o b / fiS. ~ . Tfem 1 zecl f All of the above work to be completed In a substantial and workmanlike manner according to standard practices for the sum of: workmanship warranty 10 years on all new roofing or re-roofing 99 . lP -4J4, _ ermlf- NaluQed //L. $ 86LP 3 8 2 ouyla~ Sxf/icwde F t Payment schedule due on job compleg rate good for 30 days and is subject all to material price increases Estimate . Es does not Include wood rot, Insulation replacement or decksheeting price. Not responsible for dust and dirt filtration into building, We take no liability for fumes frornliot asphalt, Bifumen, coatings, or adhesive applied roof systems during roof installation. Water leaks from existing masonry parapets, or sheet metal above new roof membranes are omitted to warranty and subject to repair cost. Not responsible for "third pady damage. All'third party repairs will be billed to customer. Not responsible for music, N, or satellite dish antenna installation. Any HVAC, Ducting, Electrical or Sign Removal and Re-Installation are added cost There is an additional cost for any mold, asbestos testing, abatement and disposal.' 50' finance charge will be charged per month on all oast due accounts. Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon written orders for same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing. Availability of materials may result in job delay and completion. Due a paya6 p ob completion. Submitted by Accepted by LICENSED • BONDED • INSURED #75393 DATE FOR CONFIRMATION AND SCHEDULING MAIL BACK WHITE COPY. CONSUMER NOTIFICATION INFORMATION ON BACK SIDE . -e' TO OWIN C6v7C tv T,.,I,C dCttt Lr~i;G: - I r., 0 1 1 I 11 V.. h Oki I t ' k .3rs n rt a. . . :.I.: • :a :1 ~::.rJ co a t:rriap the ^ n'•cet C ..rCC~;le_-~(i 11S ..'4lina/irS SGLJI LG:''1 C.'I C..:13 y5. ekv., a 1. ti . Il.. 1 h HYCU have a eomplatnt • 26. ' r. .'el sr4h .ru.nlro.. 'n... .It'41 r.l yv:.. , r, 7 Mow bo Protect Yourself Owner's Duty to Notify Contractor in the Event of a Residential Construction Dispute _ I •+GJR$r61.560-701.u0. r, I ; r eoo8wl:: "Trlana., Iequira "Its you ¢I13t !.'IOW before .2'i a cr.:!f zwon C' f F21vnr nj)>Iii any ^•Gllr5Cto. M - nor or vppFer (materials or oavipme^ti for CnnSiJC.'irvr v.: I. or 6eia a yet coritruice n coinl acean or arhiulion, you r so'! ao the fo! .v.,nyl „1 1 J t i a wriaan nauce or any renditions you a lage are dam to thF m'. ntracior, succor'ramr or suppler you believe Is responsible lu` for thr.eleged catacf. °,a c 't Fr~ld_ une rnnlresor. Subconiraeto• or sutilliar ilia onpo lun ;'to rp r _ ,d . ,also w, Ao, to repair or pay for the de`ec'c You are tot obligated ; C I. t pt aly rifer n;ado by the co:!trartnr, s1.Swmraw p a :.L aSt:'.!ae!rfeea Ll'd orCG'.GUres that must b?faup'ieed order -n: r., Orve.;aa Iaw. Falure to meet Must, da?Clines or iaoe moso ' .:uac: e5 'dl: atria VOW auiiiv to commence arhllration or a court a (r You 5 Dul l coma:t an &bcmei fc. i onnnol pl aeadl"Es 0 Y p.c edv a, rah ~'d under Orpg>n lyw. r t t 1 r d...,... a r:.. c:L eu^.L•actrn'=suPpl)i;•P iF.is noaee to YPa to Ltlfi111c requieurLnNS or Gn5 rOtSV'P. 791,6oC enaC=O Ly Nc1rA3 Csgon I gislJlmo. s l f YoUaTrusti Trusting, FUHU SeIrv®ce Roofing ,r Company ff @ PO Box 5294 • Central Point, OR 97502 • Phone: (541) 245-6727 • (541) 245-2726 • ryanbleser@hotmail.com Licensed • Bonded • Insured • #75393 blr~ ~c~ar L-j ~-Zcu~ SS<c u 11-4/Y- V'R-i /ice ld e- 9,941e. 6-d~ Cos Cf'~t-icy ,vs U / S e A- D C C fY1 @eh r cn~L q C 1. v Z Q - (clc~ < 7&J0 -'%-h c' lwd aye -r X~L x~- 2gr~t Bllr /S if C'as'f, hP47osJ .5 A4 d "-16 lelx'~S- < EpUROaL`AST., CERTIFIED 'CONTRACTOR ~~SlrA~; GOODS & SERVICES AGREEMENT PROVIDER: BLESER BUILT ROOFING, WIC. R O Box 5294 CITY OF PROVIDER'S CONTACTC,-.rgtral point, OR 97502 ASHLAND 20 East Main Street ADDRESS: Ashland, Oregon 97520 Telephone: 541/488-5587 PHONE. P.O. Box 5294 • central Point, OR 97502 Fax: 541/488-6006 Phone: (541) 245.6727 • Fax: (541) 245-2726 ryanhleser@ hotmall.com Licensed • Bonded • Insured • #75393 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and = : * = % ° _ -a domestic busmess`corporaho ("hereinafter "Provider"), for (gtvev~ &fy! of description of=goods=and services). 1. PROVIDER'S OBLIGATIONS 1.1 Provide ore iletaed~descripttonofagoods'andseiy es as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The goods and services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability, • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and 'agents as additional insureds by the Effective Date of this Agreement; and' • Be evidenced by a certificate or certificates of such insurance approved by the City. Page 1 of 5: Agreement between the City of Ashland and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute amaterial breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity. • IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: (PROVIDER): By: By: City Administrator Signature 12 Printed Name Printed Name Date Title 'Date Purchase Order No. ('-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: BLESER BUILT ROOFING, INN P O Box 5294 6 Central Point, OR 97502 Assistant City Attorney r :.n Date Page 5 of 5: Agreement between the City of Ashland and i . bJWJ'o t vTr ..7i^ 5 ! JJ L4 L L4 4d S° <!4 • t f yeS ' q S f L rJ~'4 ti r`aK. a ILS~ W'JV +La y'" w rfry pv r+r~._,,'s 7 ~n4ra ~n s~., rrc, at rr ,<-a~-. +4. is +X S tr F! r ~IJ et,.'}-h~,YLtS ,y. 5 Y ~~`~a'f° ay 7 ~ n j e_~ ,•i"J~ P ~'4 g F s. 'T.~°S r ..tie H t4y3 T +F:J yK ..~ueN Y~ yisaES: .3 v+! Y, bi..._, •4. wh 'y+S: ST,. r _ 20°Vgmar DL Warranty No.LS DURO ~I ST® Warranty r ; f «4 I.TERMSandCONDITIONS .8~ NyG A r w Duro-Iasta, Inc., ("Duro-Iasi') grants this No-Dollar Limit ("NDL") Warranty to the owner of a buildino Ownet~ containing a DtB•o-LastRoofiBgSystemCDw-o.LastSystem'DinstalledbyaDuto-LastAutho&MDealer/Contractor("Conttactor").sub- t,rY^ ject to the terms and conditions and limitations contained herein. ' v J. Duro-Last's obligation during the 1° through 20" year shall be to repair any leak in the DuroLast System caused by any de- feet in a component of the Duro-Last System or by the workmanship of the Contractor, but only, as the workman§hip relates ITT t .u~ . h,R V. to the installation of the Duro-Last System itself and not as it relates to other work performed, if any. Duro-Last's.obligation ;ylI includes, at Duro-Last's discretion, either the repair or replacement of partor all of the Duro-Last System and'also includes the furnishing or cost of labor to repair the Duro-Last System provided the following conditions are met: ' ,f1ty A-Duro-Last and Contractor have been paid in full for the Duro-Last System its installation and any outstanding,, X14, i invoices issued by Duro-Last that arise after the installation; y B. The Duro-Last System has been approved by Duro-Last following inspection, by an authorized Duro-Last Quality Assurance Technical Representative ("Duro-last QATech Rep"), this No-DollarLtmrt Warranty has been signed by a F ~r 't. Duro-Last QATech Rep or Quality Assurance Manager, and the Contractor confirms that the Duro-Last System was z installed in accordance with Duro-Last's specifications and written installation requirements; hA -boa C. The Owner has notified Dum-Last within 14 days of the discovery of any leak, failure or other alleged Duro-Last - System defect. Owner must notify Dum-Last by calling the Duro-Last Quality Assurance Department at 1-866-284-9424, by o-mailing ws@duru-but.com, or by certified mail; mium receipt requested; k."..•.,,` E? D. The Owner allows Duro-Last's QA Tech Rep(s) and/or Duro-Last Contractor(s) access to the roof including, if necessary, the removal and replacement by Owner at Owner's expense tiny and all obstructions, including but not limited to: rooftop gardens, earth, soil, pavers, ballast, decks, patio and .talking surface materials, photovoltaic system, t and other overburden; and a, E. Duro-Last authorizes the repair and, at Duro-Last's option, either Dum-Last's QA Tech Rep(s) or an authorized ti r4 Contractor makes the repair. s" AM, II OWNER'S RESPONSIBRITIFS u The Owner is not entitled to recover under this No-Do11m.Lumn Warranty unless Owner exercises reasonable and diligent care in the maintenance of the Duro-last System mcluding but not limited to inspecting and maintaining the Duro-Last System ya r regularly and as needed, including after storms or natatai disasters and for removing any debris from the Duro-Last System, ; . X' rooftop, and adjacent areas, and maintaining and keepiRe all drains in working order and clear of debris and other obstructions. r.., III. LIMITATIONS and EXCLUSIONS' A. This No-Dollar Limit Warranty does not apply to a Duro-Last System installed on a single-family residence. +lvp:, B-Duro-Last shall not be liable for damages arising from defects in the design or construction of the building or roof assembly, including inadequate or insufficient drainage; nor shall Duro-Last be liable for any other products aside from the Duro-Las[ System - as i, C. Dum-fast is not liable for any Duro-Last System failure nor for subsequent damages arising from Acts of God or Y~ x; causes outside Dum-Lasts control inclutim,, but not limited to: - - - -s' 1) Damage caused by fire , lightning, hurricane, gale, hail, tomado, flood, earthquake, animals, insects; or - ct k~ "'lllkkk§ 2) Damage caused by accident, vandalism, intentional act, negligence or failure to use reasonable care, whether on -n the partof the Owner or another or 33,.~,rkj 3) Damageraused by any unauthorized modification to the Duro-Last System including, but not limited to: damage yr•; ' caused,by unauthorized components used in installation orrepair, by additional equipment or structures added to '.yr ' or made a part of the roof, by traffic, or by chemicals not normally found in nature or the like; or 4) Interior condensation and/or moisture entering the Duro-Last System through walls, copings, structural defects, I ' HVACsystems, or any part of the building structure, including from adjacent buildings. D. Duro-Last does not warrant the watertightness of metal products that are located outside of the termination of the .r Ddio-Last m mbmne.' t*~rrr< > r? E. Duro-Last does not warrant against color change and/or pattern change and/or print change in the Duro-fast System. F. Duro-last shall have no liability under any theory of law for any claims, repairs, or other damages relating to the trr~„,,, a presence of asbestos or any vapors, fumes, molds, fungi, bacteria, spores, mycotoxins, or the like on or in the p. g G;`trr Duro-Last System or in the building or in the air or water serving the building. ~y+r c G. This No-Dollar Limit Warranty is transferable to subsequent Owners only upon the express written consent of y,:.. Duro-Last and atDuro-Last's sole discretion. Duro-Last reserves the right to require an inspection of the Duro-Last OVER CONTINUED ON BA~C/K~ - +~,q~ •F ~„'t' ,4.`~yy`~~.f~..-~ r.y~"Fl'• ...«~-,ft""'_~ ~'y"'! ,~t._ '~°9^r" r.~l: q ss.r fy+~} \ ~(r~. ~ 1 v CYl .,ywv~r?.. 'y"~ ab" ,x' ~2,~~i~,ti~' .r>'^ a^ ~ }W:F~~~ vs to G `»'+a`-.. {(~,51s~~E J r. ~~~yfi ~"~YI,cI T),}` 1JA w'f ~ ra"`L4:+1~r`.'t!',i3.•~.`S4Lti.~5j~1~Y'.,:1..?JJ✓F"`~V''A'.t~rfYt~4.;`v,. ~fIG4~'4. ~e+ -xt~1. r-' °F h x1 l xryr N.. r..ry v. ' ~:1r i}. ~ 29T !if w $~fy~f~' a Ms vy;rfsryr t -!'rLaatf Tr7 : r,44.~i,s r C'Ci~ s, , r.. 6 r ¢ .,M7~ . U,d }.i u~J ~.r 2 9'- L r iff,,~ n rrY G 5T ( V r.r ,M' 1 4.t L4,? -s. .2 e., ~l~`.WC.~Sy J 21-v''t1* t ptl+' v xb-. r ~~•bG' a4~,. c"x. r ug , a r ~gC r~ System prior to transfer of this No-Dollar Limit Warranty. The Owner (undersigned below) most pay a $500 warranty transfer fee and a . must pay for any non-warranted repairs identified by Duro-Last during any pre-transfer inspection. A transfer of this No-Dollar Limit s- W-71 0, Waaanty shall not be effective unless all outstanding Duro-Last invoices have been satisfied. } H. This No-Dollar Limit Warranty must be signed by a Duh Last QA Tech Rep or Quality Assurance Manager. Coverage under the terms r r N, of this No-Dollar Limit Wmrdnty, begins on the Effective Date. The Effective Date is determined by Duro-Last. Failure of the Owner or r or Contractor to sign this No-Dollar Limit Warranty does not alter the Effective Date. if I. ThisNc-DotarLimitWatmnty shall begovemed by the lawsof the State of Mchiganwilhoutreganl to principles ofcon0icesoflaw. Durc-Lastand Ownerheebyags:c, that the Circuit Court forthe County of5aginaw, State ofMchigan,ortheUoited SenasFedeml District .1 Courtfm the EastemDistrict ofMichigan in Bay City, shat have the exclusivejurisdimion to determine any andzll disputes, ordaims relating {',;:(N7- t swEt to this No-Dollar Limi[Wa[mnty aoddo hereby submit themselves to the sotepetsonaljurisdictiou ofthose Courts: 6°'3 r J. No claim. sun. crotherpmceeding arising out of or related to the Duro-Last products or these temps, including-without Emitation this l* f• - NaDollar LimitWaranty, maybe bmugbt by the Owner oranyone else afterone(1) year from the date it accrues. Fl g} } K.Dam-Lastdoes notwaive any rights under this No-DollarLimit Warranty by refraining from exercising its iiglits in full in one ormore Y ; f h instances. rY: 7 THIS NO-DOLLARLIMTTWARRANTYAND THE RESPONSIBILITIES AND REMEDIES STATED HF-REINAREEXTRFSSLY AGREED TOBY OWNER AND DURO-LASTAND CONSTITUTE THE SOLE WARRANTYAND REMEDIES OF THEOWNER FOR ANY ALLEGED DEFECT OR FAILURE OF THE DURO-LAST SYSTEM, WHETHER MEMBRANE, ACCESSORIES, OR 4 '~-••y' s'Y CONTRACTOR WORKMANSHIP. . ' THERE ARE NO WARRANTIES OFMERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE (EITHER EXPRESS r c k Pq' OR IMPLIED IN FACT, LAW OR CUSTOM) THAT EXTEND BEYOND THE EXPRESS TERMS STATED IN THIS NO-DOLLAR r} a LIMIT R'ARRANTYTO THE FULLEXTENT DISCLAEMERIS PERMITTED BY LAW OWNERAND DURO-LASTTOGETHER e~zaa JOIN'T'LY DISCLAIM ANY OTHER OR FURTHER WARRANTIES EXCEPT THOSE INCLUDED IN THIS DOCUMENT. IN fs s di ANY EVENT,ANY IMPLIED WARRANTYTHAT MAYARISE BYLAW IS LIMITED INDURATION TO THE TERM HEREIN. n THE REPAIR, OR REPLACEMENT PROVIDED HEREIN IS EXCLUSIVDANDIN' LIEU OFALL OTHER REMEDIES. DURO- yytr f r?'1 LASTWILLHAVENOLLIBU.TTYTOANYONEFORCONSEQUENTIAL SPECIAL,INCIDENTAL,INDDtECT,E MPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION PROPERTY DAMAGE, LOST PROFITS,LOST USE ORANY OTHERPECUNIARYDAMAGE,WAETRIILDUETO ANY DEFECTIN THE PRODUCTS, BREACH OF THIS AGREEMENT, DELAY, NONDELIVERY, NON-PERFORMANCE, RECALL, OR ANY OTHER BEASON ~ C,~~ : r' ALL CLAIMS FOR NEGLIGENCE AND FOR FAILURE OF ESSENTIAL: PURPOSE ARE EXPRESSLY WAIVED - RELEASED, AND EXCLUDED. t/ . n 3 THERE ARE NO THIRD-PARTY BENEFICIARIES TO THESE TERMS. OWNER ACKNOWLEDGES THESE LIMITATIONS ss C`.. AND WAIVERS, DECLARES THAT THEY HAVE BEEN READ AND UNDERSTOOD, AND AGREES TO BE 50 BOUND. ANY ~ ~Er PAYMENTFOR THE DURO-LAST SYSTEM OR REGISTRATION OFTHE WARRANTYWITH DURO-LASTSIGNIFITS THAT THE OWNER HAS VOLUNTARILY AND KNOWINGLY CONSENTED TO ALL TERMS. 1 The Contmgtor is not an agent of Duro-Last and does notlmave authority to bind Duro-Last. If any Contractor or sales representative made any = '.u statements about Duro-Last, its products, services, obligations, or warranties. those statements cannot be relied upon by Owner or any other t : c i V party and cannot be attributed to Dum-Last. Furthermore, no person may change or modify any terms or conditions of this No-Dollar Limit E' -=s Warran9', unless in writing and signed by the authorized representative of the Owner and by a Duro-Last officer or by the Du Last Quality Assurance Manager. *•'+a SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SUCH ALIMITATION MAYNOTAPPLY TOYOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAYALSO HAVE OTHER ' 2 y RIGHTS THAT VARY FROM STATE TO STATE. If any provision or individual term herein is invalid or unenforceable under anyapplm u- cable law, the provision or term will be ineffective to that extent and for the duration of the illegality, but the remaining provisions 'X and terms will beunaffected. S.T-.t DURO-LASTa INC. tr~r_:g SZ5 Morley Drive Saginaw, MI 48601 • ? ~n'};'- Signature of Duro-Lust QA Tech Rep.or QA Mauager i Name ofBuildin Signature of Owner B h dater Address eCBuilding Owner (Printed) F, F 3~~'1 kF City,State & Zip orBuilding Signature of Contractor [far,'c f building Designation Contractor (printed) tb~ 'G' a c Effective Date Square Footage Rr }^jjM`;: /(~R Senal No Warrauty Na :FIY~ a "~'f H ~ F 3. 193,. r ~ t8/ ~ a,4.. i _ ue h ! rq .t•z'lT~.-r ~Ek 'x - r f 13 cyY p , t,.- / LT n F y`t+-~ < iFJ v ° +5"~ - i ~ ~ w:f 'r~Li~ ~lt 4q . i K ry fN 1j". ij~`th• Xihp i \ ;~Tf~-~ s ~.t'~: ~ Sxf r.~. ys. .c j~ l 4 7r> , ` ~ `f ~ ; ~}mss 4 4t,~ `~x, tV " 'ors Sr 3~ soh J ''Srrltir w'dt`Y~ 2, Ls 5ha 1 !i'grr -':x^ fi~t*~'. fin'. P...;)..4.f.- -.T ....f .4~~ DURO-LAST / DURO-TUFF / DURO-FLEECE / DURO-FLEECE PLUS / DURO-LAST EV DL 20 YEAR NDL 4/2/15 F y 3 812712018 Print Estimates f~ PRESSURE - ~ Pressure Point Roofing, Inc. 5235 Rainbow Dr. Central Point, OR 97502 Customer Info: - Phone: (541) 772-1945 Job 116D8 Fax: (541) 664-1772 City of Ashland Company Representative: 51 Winbum Way, Greg Monroe Ashland, OR, 97520 (541) 772-1945 (541) 552-2292 gregm@pressurepointroofing.com To remove and replace the existing TPO single ply membrane and replace with 50mil PVC Duro-Tuff Roofing system. Description Remove and set aside the existing cap metal flashing on the parapet walls. *See option for ES-1 compliant metal Flashing for parapet walls. Tear off and haul away the existing TPO roofing system from the roof deck. and parapet walls. . Inspect roof deck/insulation and repair as needed See understructure clause in notes below. _ p cations. Install 50mil PVC Duro Tuff ro ofng membrane according to manufacturer's s ecif a top Install 50mr1 Duro-Tuff membrane on the parapet walls. Membrane to wrap over th the walls. Install prefabricated drains, stacks, and curbs for all roof penetrations. Install 2 way breather vents according to manufacturer specifications (1 per 1,000 square feet).- Re-install the previously removed cap metal for the parapet wall. Clean up roofing debris and grounds to condition at commencement . jh,. Y ied Duro-Last inspector checking all field welds and details. 20 year warranty. s ection b certif 'I To remove and replace the existing TPO single ply membrane and replace with 50mi1'PVC Duro-Tuff Roofing system. total: $88,996.00 To Replace existing cap metal with new 2 piece compression i metal Description Install new 7" 2 piece compression flashing which includes galvanized base flashing and Kynar paint cover flashing. i Flashing does not cover top of parapet, membrane is extended to the outside edge of parapet wall so parapet top is covered with membrane. ES-1 is the current code requirement for edge metal flashing on low slope roofing assemblies and manufacturers can void the warranty for a non compliant edge detail. Current cap metal is not compliant. To Replace existing cap metal with new 2 piece compression metal total: $6,250.00_ . To install new 2"_poly_Iso over the. existing_1_i/-.2" poly-to_create a R-20 Description - Install 2" Poly Iso over the existing 1 1/2" Poly Iso to achieve a R value of R-20. To install new 27' poly Iso over the existing 1 1/2" poly to create a R-20, total: $15,965:00 Total for all sections: $111,211.00 Total: $111,211.00 Notes/Comments: Workmanship warranty from Pressure Point Roofing is for five years. This estimate Includes Prevailing wage. expected completion date of DEC 15 2018. i httosl/mv acculynx.comlUsefControls/FlexSupporVPdntEstimate.asox?&EsOmateID=51 d49b2e-OHO-44d2-8762-7df6391ba145&JobID=1 bb25f7e-1f5... 112 v r I 8/2712018 Print Estimates Disputes to be Arbitrated. Any dispute between the parties concerning the interpretation, application, enforcement or validity of this agreement shall be arbitrated under Chapter 13 of the Uniform Trial Court Rules effective August 1, 1990 or as amended thereafter. All arbitration hearings shall take place in Jackson County, Oregon. The cost of arbitration shall be shared equally between the parties; however, the prevailing party shall be entitled to recover the attorney's fees incurred concerning the arbitration and/or any appeal thereof.ln the event Owner or Contractor shall take any action, judicial or otherwise, concerning this agreement, including but not limited to enforcement or interpretation of any terms of the agreement, the prevailing party shall be entitled to recover from the other party all expenses which it may reasonably incur in taking such action, including but not limited to costs incurred in searching records, the cost of title reports, taking and transcribing of depositions, surveyor reports and foreclosure reports and attorney fees, whether incurred in a suit or action or appeal from a judgment or decree therein or in connection with non-judicial action, including the giving by Contractor to Owner of any notice necessitated by Owner's failure to comply with any terms of this contract. Company Au~h rized Signature Date Customer Signature Date Customer Signature Date This estimate was last edited by Greg Monroe ((541) 772-1945 gregm@pressurepointroofing.com) on August 27, 2018. The estimate may be withdrawn if not accepted within ~SL days. https://my.acculynx.com/UserControls/FlexSupporUPrintEstimate.aspx?&Estimatel D=05ccl273-a1 ac-4dfa-8091-f4O55d524cl7&JoblD=1 bb25f7e-1 f57... 212 f Purchase Order Fiscal Year 2019 Page: 1 of: 1 THIS PO NUMBER MUST APPEAR ON ALL B City of Ashland INVOICES, AND SHIPPING DOCUMENTS: ATTN: Accounts Payable Purchase L 20 E. Main 20190226 Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Public Works Department E JAM ROOFING 1 51 Winburn Way N 682 MOUNTAIN VIEW DR D MEDFORD, OR 97504 P Phone: Ashland, OR 411/48855347 0 T Fax: 541/488-6006 R' O Vendor Rgm $ ~l im Paula Brown _ zzoa r fe = - - a rrrarav onion _ 09/19/2018 3006 FOB ASHLAND OR/NET30 Cit Accounts Pa able l m# - - - - mt PHCS__ -Exfen_ - _ = Replace Roof Comm Dev Bldg 1 Replacement of roof on the Community Development building 1 $66,615.0000 $66,615.00 Goods & Services Agreement Completion date: 12/31/2018 Project Account: E-201827-999 GL SUMMARY 082400 - 704200 $66,615.00 By: ' Date: I Authorized Signature P076tal _ $66 615.00 ~IFORM#3 CITY OF ASHLAND t REQUISITION ate of request: 08/30/2018 Required date for delivery: ASAP Vendor Name AM Rnnfing Address, City, State, Zip 920 Chevy Way Medford OR 97504 Contact Name & Telephone Number Michael Cawood 541-773-7663 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached -(Attach co of council communication _(If council approval required, attach co of CC ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding $5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award -(Attach copy of council communication) Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ Request for Qualifications (Public Works) ❑ State of Washington Date approved by Council: Contract # Attach co of council communication ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS & SERVICES ❑ Applicable Form (#5, 6, 7 or 8) Contract # Greater than $5,000 and less than $100,000 ❑ Written quote or proposal attached Intergovernmental Agreement ® (3) Written quotes and solicitation attached ❑ Form #4, Personal Services >$5K & <$75K Agency PERSONAL SERVICES ❑ Special Procurement ❑ Annual cost to City does not exceed $25,000. Greater than $5,000 and less than $75,000 ❑ Form #9, Request for Approval Agreement approved by Legal and approved/signed by ❑ Direct appointment not to exceed $35,000 ❑ Written quote or proposal attached City Administrator. AMC 2.50.070(4) ❑ (3) Written proposals/written solicitation Date approved by Council: ❑ Annual cost to City exceeds $25,000, Council ❑ Form #4, Personal Services >$5K & <$75K Valid until: Date approval required. (Attach copy of council communication) Description of SERVICES Total Cost Replacement of roof on the Community Development building $66,615.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost Per attached quote/proposal TOTAL COST Project Number 2018-27 Account Number 082400.704200 Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: 1 T Director Date Support -Yes /No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. Employee: l: epartment Head: s I (E alto o .greaterthan 5,00 ) Department Manager/Supervisor: City Administrator: cf (4 ualto o ter than $25,000) (4 Funds appropriated for current fiscal year Y / NO F f s' Finance Direct?f, qual to orgreaterthan $5,000) Date Comments: Form #3 - Requisition